Houghton

Defendants appeal from a judgment in favor of plaintiffs in the sum of $2,805.16. The controversy arises out of a claim of the plaintiffs that there are certain moneys due them under the terms of an agreement dated January 1, 1915. The complaint consists of three causes of action, viz.: (1) Upon an account; (2) upon an open book account; and (3) upon an account stated.

The answer admits the making of the contract, but denies the indebtedness, and sets up a counterclaim.

The counterclaim alleges that on or about December 1, 1915, the parties modified that portion of the written contract providing for a fifty per cent participation in profits and losses 'by allowing the plaintiffs to contract independently thereof for the construction and repair of the Reliance Building, and that in consideration of the waiver by the plaintiffs of their rights to participate equally in the profits and losses thereof, the plaintiffs agreed that they would pay defendants three and one-half per cent of the costs of the reconstruction and repair of said building and that the actual cost of the same was $70,000, and that three and one-half per cent of $70,000 is $2,450, which defendants are entitled to…